[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1517 Enrolled Bill (ENR)]
H.R.1517
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To allow certain U.S. Customs and Border Protection employees who serve
under an overseas limited appointment for at least 2 years, and whose
service is rated fully successful or higher throughout that time, to be
converted to a permanent appointment in the competitive service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For purposes of this Act--
(1) the term ``Commissioner'' means the Commissioner of U.S.
Customs and Border Protection;
(2) the term ``U.S. Customs and Border Protection'' means U.S.
Customs and Border Protection of the Department of Homeland
Security;
(3) the term ``competitive service'' has the meaning given such
term by section 2102 of title 5, United States Code; and
(4) the term ``overseas limited appointment'' means an
appointment under--
(A) subpart B of part 301 of title 5 of the Code of Federal
Regulations, as in effect on January 1, 2008; or
(B) any similar antecedent or succeeding authority, as
determined by the Commissioner.
SEC. 2. AUTHORITY TO CONVERT CERTAIN OVERSEAS LIMITED APPOINTMENTS TO
PERMANENT APPOINTMENTS.
(a) In General.--Notwithstanding chapter 33 of title 5, United
States Code, or any other provision of law relating to the examination,
certification, and appointment of individuals in the competitive
service, the Commissioner may convert an employee serving under an
overseas limited appointment within U.S. Customs and Border Protection
to a permanent appointment in the competitive service within U.S.
Customs and Border Protection, if--
(1) as of the time of conversion, the employee has completed at
least 2 years of current continuous service under 1 or more
overseas limited appointments; and
(2) the employee's performance has, throughout the period of
continuous service referred to in paragraph (1), been rated at
least fully successful or the equivalent.
An employee whose appointment is converted under the preceding sentence
acquires competitive status upon conversion.
(b) Indemnification and Privileges.--
(1) Indemnification.--The United States shall, in the case of
any individual whose appointment is converted under subsection (a),
indemnify and hold such individual harmless from any claim arising
from any event, act, or omission--
(A) that arises from the exercise of such individual's
official duties, including by reason of such individual's
residency status, in the foreign country in which such
individual resides at the time of conversion;
(B) for which the individual would not have been liable had
the individual enjoyed the same privileges and immunities in
the foreign country as an individual who either was a permanent
employee, or was not a permanent resident, in the foreign
country at the time of the event, act, or omission involved;
and
(C) that occurs before, on, or after the date of the
enactment of this Act,
including any claim for taxes owed to the foreign country or a
subdivision thereof.
(2) Services and payments.--
(A) In general.--In the case of any individual whose
appointment is converted under subsection (a), the United
States shall provide to such individual (including any
dependents) services and monetary payments--
(i) equivalent to the services and monetary payments
provided to other U.S. Customs and Border Protection
employees in similar positions (and their dependents) in
the same country of assignment by international agreement,
an exchange of notes, or other diplomatic policy; and
(ii) for which such individual (including any
dependents) was not eligible by reason of such individual's
overseas limited appointment.
(B) Applicability.--Services and payments under this
paragraph shall be provided to an individual (including any
dependents) to the same extent and in the same manner as if
such individual had held a permanent appointment in the
competitive service throughout the period described in
subsection (a)(1).
(c) Guidance on Implementation.--The Commissioner shall implement
the conversion of an employee serving under an overseas limited
appointment to a permanent appointment in the competitive service in a
manner that--
(1) meets the operational needs of the U.S. Customs and Border
Protection; and
(2) to the greatest extent practicable, is not disruptive to
the employees affected under this Act.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect the pay of any
individual for services performed by such individual before the date of
the conversion of such individual.
SEC. 4. TERMINATION.
The authority of the Commissioner to convert an employee serving
under an overseas limited appointment within U.S. Customs and Border
Protection to a permanent appointment in the competitive service within
U.S. Customs and Border Protection shall terminate on the date that is
2 years after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.